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TMI Blog1946 (1) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... the suit and he filed a written statement as the sole contesting defendant pleading inter alia, that the deed of endowment created a valid trust intended to be operative and was given effect to and acted upon by Ramaswami himself before his death, that the second plaintiff was not the lawfully Wedded wife of Ramaswami and the first plaintiff was not born to him and that he (first defendant), though divided from his father, was entitled, as the only legitimate son of Ramaswami, to manage the trust properties on behalf of the trust and perform the services specified in the deed. On practically the same allegations he brought O.S. No. 760 of 1941 in the Court of the District Munsiff, Tirupur, for injunction and other reliefs. This suit was transferred to the Court of the Subordinate Judge, Coimbatore, where it was numbered as O.S. No. 180 of 1942 and was tried along with the other suit by consent of parties. It will be convenient to refer to the parties as they are arrayed in O.S. No. 53 of 1942. 2. The learned Subordinate Judge has found (1) that the second plaintiff was lawfully wedded to Ramaswami Goundan and the first plaintiff was born to him, (2) that the dharmasasanam (Ex. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oundar, Vellala, agriculturist, residing at cusba Komarapalayam village, Palladam Taluk: At the time when my deceased father Marappa Goundar was alive, that is, during his last days he had left me instructions that as soon as he left this mundane world he should be buried in the field G.S. No. 59/1, situated in the said Komarapalayam, which is a patta land belonging to me and that a tomb should be erected and also a temple over it; in pursuance of the same, till now I am conducting pooja (worship) and newedyam (offering) every day, thrice a day and every year on the day of Pooradam Nakshatram in the month of Avani celebrating the gurupooja (worship of the preceptor) and also doing annadanam etc., to the devotees incurring an expenditure of about ₹ 150. Since I am of the opinion that after my lifetime also the said services should be continued to be carried on hereditarily in the above manner, I hereby provide that out of the joint family properties, which belong to me both as ancestral and self-acquired properties, excluding the share which has fallen to my only son, Veluchamy Goundan, as per the deed of partition which was effected between him and myself, with the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... though the photographs, Ex. D-2 series show the existence of a Sivalingam there, it appears from the evidence of the appellant that the lingam was brought from Kasi and installed there sometime in 1937 when the earliest photo Ex. D-2 was taken. The daily worship and offering of neivedyam said to have been conducted by Ramaswami Goundar before the execution of the deed in September, 1936, could, therefore, be taken to have related only to the samadhi of his father. It is indeed admitted by the witnesses called for the appellant that the pooja is done to the samadhi. The learned Subordinate Judge after discussing the evidence has recorded his conclusion thus: I should think that there is a lingam-likestone with avadai too perhaps, kept on the samadhi but it has not been consecrated and no pooja is done therefor. We agree with this finding. It is to be noted in this connection that in the case referred to above the testator provided for the daily pooja of the Sivalingam to be installed in the matam and nevertheless the whole bequest was held invalid as the matam with the lingam was regarded as an adjunct of the tomb. In the present case it is clear from the evidence that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J.), observed: The question is whether, under these circumstances the gift which he made on the 30th of May, 1903, can operate as complete and effectual gift of the eight shops and can prevail as against the subsequent document of the 4th of February, 1905. If the dedication was complete, it is clear that he could not revoke it and make another gift. We are of opinion that in the present instance the first dedication was not valid. It was not a dedication to any particular deity which was subsequently to be installed in a temple. It was a dedication to the thakurji in his thakurdwara without mentioning the thakurji to whom the property was dedicated. As we have already said, there was no thakurji and no thakurdwara, therefore the dedication was bad on the ground of uncertainty. The formulation of the question for decision and the next few sentences in the passage quoted above would seem to indicate that all that the learned Judges meant to decide was that the donor having intended to dedicate the property to the idol of a deity (thakur) which he proposed to instal later in a particular house, which was under construction and having changed his faith before completing the cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated in numerous other religious texts to which it is unnecessary to refer. That the conception of the so-called Trinity of the Hindu pantheon is functional in character will be seen from the invocation to Vishnu in Kalidasa's Raghuvamsa : Thou art the Creator, the Upholder and the Destroyer of the Universe. Obeisance to Thee in Thy triple form. (i.e., Brahma, Vishnu and Siva)(10-16). There are doubtless various deities worshipped by Hindus holding different tenets but these are only personifications of what are believed to be the various attributes or the cosmic manifestations of the Supreme Being. 9. As regards the supposed inability of Courts to determine the particular deity for whose benefit the endowed property should be held, where no deity is named in the deed of endowment, it is sufficient to point out that in most cases the problem can be easily solved by ascertaining the sect to which the donor belonged, the tenets which he held, the doctrines to which he was attached and the deity to which he was devoted and arriving by such means at his presumed intention in regard to the application of the property. It was observed by Lord Eldon in Attorney-General v. Pearso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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